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R -20 -28 <br />A RESOLUTION GRANTING A USE PERMIT (UP- 20 -04) TO RIPLEY <br />HEATWOLE COMPANY TO (1) CONSTRUCT AND OPERATE A 192 -UNIT <br />MULTI - FAMILY APARTMENT COMMUNITY AT 5601 HIGH STREET AND <br />(2) CONSTRUCT AND OPERATE A 40 -UNIT MULTI- FAMILY APARTMENT <br />COMMUNITY AT 3109 TYRE NECK ROAD. <br />WHEREAS, Ripley Heatwole Company, the contract purchaser of the subject <br />properties, has made application pursuant to Section 40.1 -2.3B of the Code of the City of <br />Portsmouth, Virginia (2006) for the granting of a use permit to (1) construct and operate a <br />192 -unit multi - family apartment community at 5601 High Street, Tax Parcel 0814 -0010, <br />and (2) construct and operate a 40 -unit multi- family apartment community at 3109 Tyre <br />Neck Road. Tax Parcel 0815- 0020: and <br />NNJHEREAS, Victory Sterling Creck Coinnions, LLC and Wiiliani Copeland, the <br />owners of the subject properties, have consented to the filing of the application: and <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br />WHEREAS, the Planning Commission has recommended the approval of the <br />application for a use permit. <br />NOW THEREFORE BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br />That it finds that the use for which the permit is sought: <br />(a) Complies with the applicable standards of the Zoning Ordinance; <br />(b) Is consistent with the comprehensive plan; <br />(c) Is compatible with the character of surrounding lands and the uses <br />permitted in the zoning district(s) of surrounding lands; <br />(d) Is configured to minimize adverse effects, including the visual impacts of <br />the proposed use on adjacent lands; <br />(e) Avoids significant deterioration of water and air resources, and other <br />natural resources; <br />(f) Maintains safe and adequate egress and ingress onto the site, and safe road <br />conditions around the site; <br />(g) Allows for the protection of property values and the ability of neighboring <br />lands to develop the uses permitted in the zoning districts; and <br />